HomeMy WebLinkAboutCOM 0248.000 1998-2000 ~~r a..
~'u- ` William G. Davis
Managing Director
Stephen K. Yamashiro -
May°1 Henry Cho
~t*'6i'i~i'~. Deputy Managing Director
~IILtIT~~ II~ ~M~12tiTi
25 Aupuni Street, Room 215 Hilo, Hawaii 967204252 (808) 961-8211 Fax (808) 961-6553
KONA: 75-5706 Kuakini Highway, Suite 103 • Kailas-Kona, Hawaii 96790
(808)329-5226 Fax (808) 326-5663 _
Apri19, 1999
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Application (REZ 99-002)
Applicant: Lewis C. Altenburg
Request: A-Sa to FA-2a or A-2a
Tax Map Key: 7-5-13:8
State Land Use Boundary Amendment Application (SLU 99-002)
Request: Agricultural to Rural
Change of Zone Application (REZ 99-003)
Request: A-5a to RA-2a
Applicant: Robert P. Marx
Tax Map Key: 6-2-11:27
Proposed Street Name
Ka'awaloa Orchards
Ka'awaloa, South Kona, Hawaii
Proposed Street Name
Puukapu Homesteads, 1st Series
Waimea, South Kohala, Hawaii
Bi b'~ Q
Gomm. No, ~ ~ "
File No. Z N 6~~
ReP, Tw Pte'
Ref. Date IIPR t 4 y~•
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
Apri19, 1999
Change of Zone Ordinance No. 94-78 (REZ 767)
` / Applicant: Big Island Country Club and Estates
v/ Request: Amendment to Condition M (Complete Construction
of Proposed Facilities)
Tax Man Key: 7-1-5:9. 10. 22. 26. 28-34. 39-41. 58 and 59
As required by Chapter 4, Sec. 5-4.3(C), Hawaii County Charter, transmitted herewith for the
County Council's consideration and action aze the Planning Commission's letters and
enclosures regazding the above-referenced requests.
_
Stephen K. Yamashiro
Mayor
I,040199.MAY
Enclosures
cc: Planning Department
Mtv,oe
~y~~ ~ .I~I~-
Stephen K. Yamaahiro ^b
Mayor
. .J.;
~j~•Y~•11
~IIIIIi~~? D~ ~1TfitT
PLANNING COMMISSION
25 AupuJ Ser«t, Raom 109 • nib, Flawtiii %720-4252
(808) %I-8288 Fu (808) %1•%IS
APR 0 9 1999
Honorable James Y. Arakaki, Chairman
and Members of the County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki and Members:
Change of Zone Ordinance No. 94-78 (REZ 767)
Applicant: Big Island Country Club and Estates
Request: Amendment to Condition M (Complete Construction
of Proposed Facilities)
Tax Map Key: 7-1-5:9. 10. 22. 26. 28-34. 39-41. 58 and 59
The Planning Commission, after a duly held public hearing on April 1, 1999, voted to
recommend for your approval the proposed legislative bill for an amendment to Condition M
(complete construction of proposed facilities) of Change of Zone Ordinance No. 94-78, which
changed the district classification of approximately 425.69 t acres of land from Unplanned (U)
to Agricultural (A-la). The property is located on the northwest (makai) side of Mamalahoa
Highway opposite the Puu Lani Ranch Subdivision at Puuanahulu Homesteads, North Kona,
Hawaii.
The Commission concurs with the following Planning Director's reasons for recommending
favorable consideration of the request:
The purpose of this request is to amend the performance requirements of
Ordinance 94-78 (REZ 767) to ensure that the applicant is not in violation with the time
conditions.
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 2
The inability of the applicant to comply with the requirements of Condition M
of Change of Zone Ordinance No. 94-78 (REZ 767) is the result of conditions which
could not have been foreseen or aze beyond the control of the applicant.
In their letter of November 23, 1998, to the Planning Director, the applicant has
stated:
"As you are acutely aware, the melting Asian economy and its subsequent
impact to the rest of the world have made basic fmancing and market demand
for projects of this nature rather difficult. It has also made it very difficult for
many developers to initiate let alone, complete their projects in a timely fashion.
"Although this project has been caught up in this global financial and economic
malaise, the developer has made every reasonable effort to continue and finish
the project while keeping many of the azea residents gainfully employed. To
date, it has invested over $50 million into the project.
"The applicant is committed to fulfilling all of the terms and conditions outlined
in the vazious permit. This commitment includes the development of the
community park.
"The applicant is hopeful that economic conditions will improve over the
coming yeazs. This optimism is reflected in a small resurgence in the local real
estate market, recent gains in the Japan and US stock mazkets, and the like. As
such, the applicant believes that within a 2-year period, all of its commitments
should be fulfilled."
Approval of this amendment request would not be contrary to the General Plan
nor would it be contrary to the original reasons for granting the change of zone. The
applicant has continually worked to secure the necessary approvals from the various
departments for the required improvements within and beyond the boundaries of the
project site. Over the years, the applicant has shown perseverance in managing the
requirements which they have had to deal with. The applicant has either complied
with, or initiated the process of compliance with other conditions of approval within
the subject ordinance.
In addition, based on the applicant's request to amend Use Permit No. 74 and
their revised pazk plan to increase the pazk azea to approximately 10 acres, Condition
M(1) and (2) is also revised to reflect new pazk requirements. It is recommended that
Honorable James Y. Arakaki, Chairman
and Members of the County Council
Page 3
the applicant be granted a time extension to December 1, 2000, to complete all of the
proposed facilities.
For your favorable consideration, an amendment to Ordinance No. 94-78 is transmitted.
We are enclosing a copy of the request and a copy of the staff background for your
information.
Sincerely,
Richard B. Baker, Jr., Vice-Chairman
Planning Commission
Lbicce04.PC
Enclosures
cc: Mr. Sidney Fuke
Department of Public Works
Department of Water Supply
West Hawaii Office
Department of Land & Natural Resources
Kazu Hayashida, Director/DOT-Highways, Honolulu
ae~~~.~~ny-visro9
COUNTY OF HAWAII PLANNING DEPARTMENT
` BACKGROUND F,PORT
BIG ISLAND COUNTRY CLUB AND ESTATES
AMENDMENT TO CONDITION NO. M (RECREATIONAL ELEMENT CONDITION)
~II~tvr~ nv ~ntvF un od-7R fRF7 76'n
Big Island Country Club and Estates has submitted a request for amendment to
Condition M (complete construction of proposed facilities) of Change of Zone Ordinance No.
94-78, which changed the district classification of approximately 425.69 acres of land from
Unplanned (IJ) to Agricultural (A-la). The property is located on the northwest (makai) side
of Mamalahoa Highway opposite the Puu Lani Ranch Subdivision at Puuanahulu Homesteads,
North Kona, Hawaii, TMK: 7-1-5:9, 10, 22, 26, 28-34, 3911, 58 & 59.
('FNF,R Ai. INFORMATION
1. Landowner: Lands within the project site aze owned by Big Island Country Club and
Estates.
2. February 1, 1999: Planning Department Receipt of Notice to Surrounding Property
Owners from applicant.
aFr FVANT BACKGROiTND INFORMATION
3. July 6, 1994: Effective date of Ordinance No. 94-78, which rezoned approximately
425.69 acres of land from Unplanned to Agricultural - 1 acre with 24 conditions of
approval. However, the effective date of rezoning for the subject parcels is on
July 3, 1996, which is when the applicant met compliance with Condition B regarding
the establishment of a water source. (See Exhibft A)
4. July 3, 1996 -Revised Tentative Approval issued for revised Subdivision application
No. 90-189 fora 121 lot subdivision. The pending subdivision does not exceed the
106 Agricultural lots as limited by Condition C of Change of Zone Ordinance
No. 94-78. The additional 15 lots are for the golf course and its related improvements,
azchaeological, utility, road and other related infrastructural lots. Based on the
effective date of the rezoning which is July 3, 1996 and in accordance with
Condition C of Ordinance No. 94-78, Final Subdivision Approval shall be secured by
ATTACH. C-248
(B-67)
July 3, 2001.
5. August 1, 1996: Variance No. 96-29 (Variance No. 753) was approved by the
Planning Director which allowed the use of PVC High Pressure Water Pipes in lieu of
the required Ductile Iron Pipes as required by Chapter 23, Article 6, Division 2,
Section 23-84(1) of the Subdivision Code.
6. December 9, 1997: Planning Duector grants administrative extension of time until
December 31, 1998 pursuant to the Community 13enefit/Impact Fee requirements
Agreement, to complete full construction of the proposed facilities as required by
Special Permit No. 863, Use Permit No. 74 and Condition M of Change of Zone
Ordinance No. 94-78. A condition of this agreement permitted the partial opening of
the golf course on January 1, 1998.
7. Condition No. M of Change of Zone Ordinance 94-78 states the following:
"To ensure the Goals and Policies of the Recreation Element of the General Plan aze
implemented, the applicant shall:
"(1) convey in fee, approximately 4.4+ acres of land within the project site, to the
Pu'uanahulu Community Association or its designee for development as a
community pazk;
"(2) as represented by and committed to by the applicant, a community recreational
center and volunteer fire station shall be constructed within the community pazk
site; and
"(3) the applicant shall provide metered potable water service equal to three (3) units
of water, as units aze defined by the County Department of Water Supply for
use at the community pazk. Upon the County's request, the applicant shall also
provide a minimum of one (1) unit of water to its property line to accommodate
a public rest stop.
"All necessary approvals to allow the construction of the proposed facilities within the
project site shall be applied for and secured by the applicant with the completion of its
construction prior to the opening of the golf course;"
8. June 25, 1998: Effective date of Agreement executed between the applicant and the
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Planning Director for the interim opening of the golf course and the deferral of
pertinent conditions of Change of Zone Ordinance No. 94-78, Use Permit No. 74 and
Special Permit No. 863 subject to terms outlined in Agreement as follows:
a. $1 million would be satisfied through the provision of the community pazk and
improvements thereon before December 31, 1998. The estimated cost
breakdown of this contribution was established at:
1) 5 acres of land (5 x $125,000/acre $ 625,000
2) Site Work $ 100,000
3) Community Facility (includes fire house) $ 250,000
4) Roadway Improvements $ 200,000
5) Water and Electrical System $ 50,000
Total $ 1,225,000
b. The remaining $2 million would be paid out of escrow to the County of Hawaii
in conjunction with the sale of each lot. Based on 1001ots, this would
approximate $20,000 per lot. In either case, all of the required sum would be
due and payable before December 31, 2001 or approximately a maximum of
five (5) year period.
Based on this agreement, the golf course was allowed an interim opening on
January 1, 1998.(See Exhibit B)
9. November 23, 1998: Applicant's letter submitting a revised pazk plan and request to
amend Condition 4 of Use Permit No. 74, which would increase the pazk azea from 4.4
acres to approximately 10 acres for a passive and active recreational azea.
APPf .I 1VT' F.O 1F. T
10. In support of the request, the applicant submitted, in part, the following modifications
to the Condition M of Ordinance No. 94-78:
"M. ...All necessary approvals to allow the construction of the proposed
facilities within the project site shall be applied for and secured by the
applicant with the completion of its construction [prior to the opening of
the golf course] within two vear of hic men ment." (See Exhibit C -
-3-
"
Letters dated November 23, 1998 and December 29, 1998)
COUNTY AND STATE PLANS
11. General Plan LUPAG Map: The LUPAG Map designates the area for "Intensive
Agricultural" and "Extensive Agricultural" uses. Land designated Intensive
Agricultural have relatively fertile soils and are basically used for sugar, orchard,
diversified agriculture and floriculture. Extensive Agriculture basically refers to
pasturage and range lands.
12. State Land Use Classification: The subject properties are located within an area
classified as "Agricultural" by the State Land Use Commission.
13. County Zoning: Agriculture 1-acre (A-la).
14. Special Manageme~ Area: The subject property is not situated within the Special
Management Area boundary.
PTTRT.TC FA 4 .RVICES
15. Access: Access to d?e property is off Mamalahoa Highway, atwo-lane highway having
a pavement width of 24-feet within a 50.foot right-of--way.
16. Water: Water is available to the property.
17. Wastewater: Individual wastewater disposal system will meet with the requirements of
the Department of Health.
18. Solid Waste: Solid waste generated by the project will be disposed of at the new
County landfill at Puuanahulu.
19. Public Services: The County's police and fue services as well as medical and
educational facilities are located in Waimea and Kailua-Kona, approximately 20 - 25
miles away.
20. All other essential utilities and services are or will be made available to the property.
AGENCIES COMMENTS
21. Fire Department (January 28, 1999 Memo):
"We have no comments on the above-referenced Change of Zone Ordinance."
22. Department of Public Works (January 26, 1999 Memo):
"We have reviewed the subject request and have no comments."
23. Police Department (danuary 14, 1999 Memo):
"We have reviewed the above-referenced application and do not believe the request
will have any negative impact on police services or traffic conditions in the area."
24. Department of Water Supply (January 13, 1999 Memo):
"We have no objections to the subject request. The water system will be privately
owned and operated.
"If you have any questions regarding these comments and request, please contact our
Water Resources and Planning Btanch at 961-8660."
25. Real Property Tax Office (February 8, 1999 Memo):
"Possible rollback taxes. If parcels aze subdivided into lots 5 acres or less, there will
be rollback taxes for those yeazs that agr. use was given up to a ten yeaz period."
Current Real Property taxes are paid through December 31, 1998."
26. State Department of Transportation (January 26, 1999 Memo):
"Thank you for your submittal of January 6, 1999, requesting our review and
comments on the above subject. We have no, objections to the applicant's proposed
amendments to 1) Condition No. 3 of Special Permit no. 863 and 2) Condition M of
Ordinance No. 94-78.°
27. State Department of band and Natural Resources, Land Division: (January 29,
1999 Memo)
"We have reviewed the subject application and have no comments to offer regarding
this matter."
28. Department of Land and Natural Resources, Historic Preservation Division
(February 2, 1999 Letter):
"This is in response to your letter of Januazy 6, 1999 to review and comment on the
proposed change of zone ordina~e.
The request to amend Condition 3 of Special Permit No. 863 and Condition M of
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Ordinance 9478 will have "no effect" on historic sites."
29. State Land Use Commission: (January 12, 1999 Letter)
We have transmitted the request to amend the subject zoning ordinances transmitted by
your memorandum dated January 6, 1999, and have no additional comments to offer to
our comments dated December 21, 1998, regazding the request to amend Special
Permit No. 863 for the subject project. We appreciate the opportunity to comment."
PUBLIC COMMENTS
30. Puuanahulu Community Association: (January 25, 1999 Letter)
"The Puuanahulu Community Association has no comments on these amendments as of
this date. We aze waiting for confirmation from BICC of their financial ability to
perform conditions stipulated in BICC permits to the community. We have been
assured the improvements to our community is imminent. At the time we aze notified
that the project is proceeding we will be happy to comment."
AGENCIES - NO COMMENTS/OBJECTIONS
31. Department of Parks and Recreation, State Department of Health and HELCO.
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COUNTY OF HAWAII _~,STATE OF HAWAII
BILL NO. 256
(Draft 3)
ORDINANCE NO. 9~ 76
AN ORDINANCE AMENDING SECTION 25-86 (NORTH AND SOUTH KONA
DISTRICTS ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE
HAWAII COUNTY CODE, HY CHANGING THE DISTRICT CLASSIFICATION
FROM UNPLANNED (U) TO AGRICULTURAL (A-la) AT PUUANAHULU
HOMESTEADS, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY 7-1-05:9, 10, 22, 26, 28-34, 39, 40, 41, 58 & 59.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-86, Article 3, Chapter 25 (Zoning
Code) of the Hawaii County Code, is amended to change the
district classification of property described hereinafter as
follows:
The district classification of the following area
situated at Puuanahulu Homesteads, North Kona, Hawaii,
shall be Agricultural (A-la):
Beginning at a set rebar and cap at the Easterly corner of
this parcel of land, on the Southwesterly side of a
25-foot wide Road Reserve (Homestead Road) and on the
Northwesterly side of Mamalahoa Highway, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "PW PANINI" being 1006.94 feet
North and 5250.91 feet East and running by azimuths
measured clockwise from True South:
Thence along the Northwesterly (makai) side of
Mamalahoa Highway for the
following four (4) courses:
1. 62° 13' 00" 8.13 feet to a rebar and cap;
Thence along a curve to the left with a radius of
2045.65 feet, the chord
azimuths and distance
being;
EX~
2. 60° 40' 46" 101.76 feet to a rebar and cap;
3. 59° 08' 54' 846.01 feet to a found pipe;
4. 59° 11' 00" 149.89 feet to a found pipe in
concrete;
e'..
5.' 149' 08' Op" 326.37 feet along Lot C to a
found pipe in concrete;
6. 59° 10' 50" 399.40 feet along Lot C to a
found pipe in concrete;
7. 329° 12' 00" 331.12 feet along Lot C to a
rebar and cap;
Thence along the Northwesterly (makai) side of
Mamalahoa Highway for the
following three
(3) courses;
8. 56° 55' 00" 3.37 feet to a rebar and cap;
9. 56° 55' 10" 716.93 feet to a found pipe;
10. 56° 57' 00" 472.37 feet to a found pipe;
11. 121° 04' 00" 681.39 feet along
TNIC: 7-1-05:36, the
remainder of Grant 7540 to
a rebar and cap;
12. 8° 18' 00" 153.94 feet along fence and along
TMK: 7-1-05:36, the
remainder of Grant 7540 to
a rebar and cap;
13. 13° 18' 00" 89.00 feet along fence and along
TMR: 7-1-05:36, the
remainder of Grant 7540 to
a rebar and cap;
14. 24° 47' 00" 674.50 feet along fence, along
TMK: 7-1-05:51 and 50,
the remainder of Grant
6151 to a found pipe in
concrete;
15. 94° 16' 25" 25.00 feet crossing end of
•i. 25-foot old Homestead Road
to a rebar and cap;
-2-
16. 94° 23' 30" 154.28 feet along fence along Lot
26-8 to a found pipe;
17. 94" 12' 30" 420.73 feet along fence along Lot
26A-1 to a found pipe at
fence corner;
18. 4° 25' 25" 433.57 feet along fence along Lot
26A-1 to a found pipe;
19. 53° 34' 00" 24.51 feet crossing the old
Homestead Road (25-foot
wide) to a rebar and cap;
20. 143° 41' 00" 270.50 feet along stonewall along
Lot 27-B to a found nail
at middle of stonewall;
21. 143° 24' 00" 310.24 feet along stonewall along
Lot 27-B to a found nail
and at middle of
stonewall;
22. 32° 35' S0" 537.23 feet along Lot 27-B to a
found pipe;
Thence along an old fence line, along State of Hawaii
lands for the following
(15) courses;
23. 140° 17' 00" 502.04 feet to a found pipe;
24. 141° 54' 00" 369.02 feet to a found pipe;
25. 162° 04' 00" 643.50 feet to a set rebar and
cap;
26. 167° 19' 00" 157.00 feet to a set rebar and
cap;
27. 166° 09' 45" 473.02 feet to a set rebar and
cap;
28. 177° 33' S0" 168.02 feet to a set rebar and
cap;
29. 167° 19' 00" 157.00 feet to a set nail in a
found on rock;
30. 171° 51' 00" 576.00 feet to a found pipe;
-3-
31. 211° 35' 00" 305.03 feet, to a found pipe;
32. 224° 52' 00" 141.96 feet to a found pipe;
33. 223° 31' 00" 522.00 feet to a set rebar and
Cap.
~
34 1°75'° 56' 00" 606.79 feet passing over a set
rebar and cap at 545.02
feet to a set nail in a
found in a set stone;
35. 178° 24' 40" 801.47 feet to a found on
rock;
36. 241° 51' S5" 677.87 feet to a found on
rock;
37., 245° 07' S0" 373.00 feet to a found on
rock;
38. 241° 14' 05" 463.15 feet along State of Hawaii
lands to a found pipe and
rock marked "XXXVI";
39. 261° 34' 25" 531.86 feet along State of Hawaii
lands to a found pipe at
fence line;
40. 256° 59' 35" 331.98 feet along a fence line
and stonewall, along State
of Hawaii lands to a found
spike in rock and concrete
at fence and wall junction;
41. 317° 36' 00" 591.70 feet along stonewall and
fence line, along State of
Hawaii lands to a set P.R.
Nail at the West face of
stonewall;
Thence following near (paralleling) old fence line and
broken stonewall, along
State of Hawaii lands for
the remaining eleven (11)
courses;
42. 324° 55' 00" 684.18 feet to the middle "X" of
a rock marked "XXXVII";
43. 323; 29'~ 00" 232.10 feet to a spike in rock;
•
-4-
44. 325° 25' 00" 436.00 feet to a set rebar and
cap;
45. 329° 34' 00" 250.00 feet to a set rebar and
cap;
46. 330° 46' 00" 37.90 feet to a set rebar and
cap;
47. 331° 33' 35" 910.42 feet to a set nail and cap
in concrete;
48. 325° 13' 00" 120.00 feet to a set rebar and
cap in concrete;
49. 301° 53' 00" 335.82 feet to a set P.K. Nail in
rock;
50. 313° 10' 25" 34.65 feet crossing the end of
an old 25-foot wide
Homestead Road to a set
P.K. Nail in rock;
51. 314° 46' S5" 528.79 feet along the
Southwesterly side of the
old Homestead Road to a
found on rock marked
"~I" ;
52. 310° 58' 00" 327.75 feet to the point of
beginning and containing
an area of 425.69 acres,
more or less.
All as shown on the map attached hereto, marked
Eahibit "A" and by reference made a part hereof.
SECTION 2. This change in district classification is
conditioned upon the following:
(A) The applicant, successors or assigns shall be responsible
for complying with all of the stated conditions of approval.
(B) The effective date of the rezoning shall be when:
(1) The applicant provides assurances satisfactory to the
Departments of Water Supply and Planning, upon
-5-
consultation with the State Department of Health and
the Department of Land and Natural Resources, that a
water source(s) of sufficient quality and quantity has
:•been,established within two years from the enactment
• a :of this ordinance; provided that a mazimum one-year
extension may be granted by the Planning Director with
reasonable and sufficient justification;
(2) An agreement, together with the appropriate bond,
surety or other security deemed acceptable by the
Planning Director, is executed between the applicant
and the County through its Departments of Water Supply
and Planning for the actual development of a proven
source and its water transmission and distribution
system within one year for the official date of
compliance with Condition B(1); provided that a
one-year extension may be granted by the Planning
Director with reasonable and sufficient justification.
(C) Plans for the proposed subdivision shall be submitted to
the Planning Department and Final Subdivision Approval
secured within five (5) years from the effective date of
rezoning as determined in Condition B. As represented and
agreed to by the applicant, the proposed
residential-agricultural subdivision shall not exceed a
maximum limit of 106 one to five-acre sized lots. Prior to
the issuance of Final Subdivision approval of any portion
of the subject property, ezcept for a consolidation and
resubdivision of existing parcels, the applicant shall
submit to the director all information needed for the
Planning Director to initiate a change of zone application
to reclassify all lands comprising the 27-hole golf course,
the community park and related recreational facilities into
an O~en-zoned District classification, and the director
shall••initiate such rezoning upon issuance of final
subdivision approval;
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(D) It shall be demonstrated to the satisfaction of the
Planning Director that agricultural activity is being
conducted on the subdivided lots within three years from
the date of Final Subdivision Approval. For the purpose of
this condition, "agriculture" shall be defined as the
cultivation of crops, including but not limited to flowers,
vegetable, foliage, and fruits that are propagated for
economic or personal use. An agricultural activity will be
considered satisfactory:
(1) if such activity is implementing a conservation
program for the affected property(ies), as approved by
the applicable soil and water conservation district
directors and filed with the Soil Conservation Service;
(2) if it provides a source of income to the person(s) who
reside on the property; or
(3) if the property is dedicated for agriculture uses in
accordanr:e with applicable ^az Department procedures
and that such agriculture dedication shall be made a
deed covenant and duly recorded with the State Bureau
of Conveyances and a copy of the recorded deeds shall
be filed with the Planning Department within one year
from the date of Final Subdivision Approval.
Each approved lot must comply with at least one of the
above requirements to satisfy the conditions of approval of
this ordinance;
(E) As agreed to by the applicant, restrictive covenants in the
deeds of all the proposed residential-agricultural lots
shall prohibit the construction of an ohana dwelling or a
second dwelling unit on each lot. A copy of the proposed
covenant(s) to be recorded with the Bureau of Conveyances
_7_
shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision
Approval. A copy of the approved covenant shall be recited
ih~ ah instrument ezecuted by the applicant and the County
3
.and recorded with the Bureau of Conveyances prior to the
issuance of Final Subdivision Approval;
(F) A wastewater disposal system shall be constructed in a
manner meeting with the approval of the State Department of
Health and/or the Department of Public Works, whichever is
applicable;
(G) A comprehensive drainage study of the subject property
shall be prepared for the review and approval of the
Department of Public Works, in conjunction with the
submittal of plans for subdivision review. Drainage
' improvements, if required, shall be constructed in a manner
meeting with the approval of the Department of Public
Works, prior to the issuance of Final Subdivision Approval
of the subject property.
(H) A final archaeological inventory survey and mitigation plan
shall be prepared and submitted for approval by the
Planning Director, in consultation with the Department of
Land and Natural Resources-Historic Preservation Division,
prior to submittal of plans for subdivision review. The
Plan shall consist of two subplans:
(1) An archaeological data recovery plan for the sites to
undergo data recovery;
(2) A detailed preservation/interpretation plan for the
sites to undergo preservation. The
. i.
:preservation/interpretation plan shall include buffer
'zones, signage, interim protection measures, and
_g_
long-range preservation concerns. The Plan shall also
:detail measures to provide unrestricted access to all
individuals wishing to visit any burial sites which
may be located within the project site. Proposed
mitigation treatment (preservation in place or
disinternment/reinternment) for burial sites must be
approved by the Historic Preservation Division's
Hawaii Island Burial Council before detailed
mitigation plans are finalized for these sites. The
Planning Department and the State of Hawaii's Historic
Preservation Division shall verify in writing the
successful ezecution of the plan, prior to land
altering activities in the area of historic sites;
(I) Should any unidentified sites or remains, such as
artifacts, shell, bone or charcoal deposits, human burials,
rock or coral alignments, pavings or walls be encountered,
work in the immediate area shall cease and the Planning
Director shall be immediately notified. Subsequent work
shall procee3 upon an archaeological clearance from the
Planning Director when it finds that sufficient mitigative
measures have been taken;
(J) Access(es) to the project site shall be constructed in a
manner meeting with the approval of the Departments of
Transportation-Highways Division and/or Public Works,
whichever is applicable. The proposed main project access
roadway intersection with the Mamalahoa Highway shall be
channelized with left turn storage lanes and acceleration
and deceleration lanes with appropriate street lighting
which shall be completed prior to Final Subdivision
Approval for any portion of the Agriculutral-zoned area
within the project site. Guardrails shall be installed
along the project site's Mamalahoa Highway frontage for all
lots requiring protection from highway traffic;
-9-
(K) In lieu of actual construction of infrastructural
improvements as required under Conditions F, ~ and J, the
applicant may enter into an agreement with the Planning
D3.r~Gto; to. assure the county that the infrastructural
improvements will be constructed together with the
appropriate bond, surety or other security deemed
acceptable to the Planning Director and the Corporation
Counsel. Upon execution of such agreement and/or filing of
the security with the County, final subdivision approval
for the subject property or portions thereof shall be
granted prior to the actual construction of required
i.-.frastructural improvements;
(L) The Applicant shall pay its fair share contribution to
address potential regional impacts of the project with
respect to park, fire, police, solid waste disposal
facilities, sewers and roads. The fair share contribution
shall be initially based on the representations contained
within the change of zone application and may be increased
or reduced proportionally if the residential-agricultural
lot counts are adjusted. The fair share contribution for
each residential-agricultural lot shall be based on a
maaimum density for each lot as determined by the zoning
resulting from this change of zone. The fair share
contribution in a form of cash, land, facilities, or any
combination thereof shall have a maaimum combined value of
$728,989.26. The fair share contributions described above
shall be adjusted annually based on the percentage change
in the Honolulu Consumer Price Index (HCPI). In lieu of
paying the fair share contribution, the applicant may
construct such facilities related to nark, fire, police,
solid waste disposal facilities, sewers and roads with the
approval of the appropriate agency(ies).
.
j
-10-
Any contributions required by this ordinance that ezceed
the fair share requirement of the subject property shall,
at the applicant's request be credited towards any of the
applicant's future developments that require
infrastructural impact contributions;
(M) To ensure that the Goals and Policies of the Recreation
Element of the General Plan are implemented, the applicant
shall:
(1) convey in fee, approzimately 4.4+ acres of land within
the project site, to the Pu'uanahulu Community
Association or its designee for development as a
community park;
(2) as represented by and committed to by the applicant, a
community recreational center and volunteer fire
station shall be constructed within the community park
site; and
(3) the applicant shall provide metered potable water
service equal to three (3) units of water, as units
are defined by the County Department of Water Supply
for use at the community park. Upon the County's
request, the applicant shall also provide a minimum of
one (1) unit of water to its property line to
accommodate a public rest stop.
All necessarl+ approvals to allow the construction of the
proposed facilities within the project site shall be
applied for and secured by the applicant with the
completion of its construction prior to the opening of the
golf course;
-11-
(N) The applicant shall install pedestrian walkways and bike
lanes within the proposed subdivision development as a
means of addressing pedestrian and bicyclist safety. The
location of these walkways and bike lanes, which shall be
determined by the Planning Director in Consultation with Na
Ala Hele, shall be indicated on plans submitted for
subdivision review;
(0) A solid waste management plan shall be prepared meeting
with the approval of the Department of Public Works prior
to submitting plans for subdivision review. The Plan shall
include, but not be limited to, the management of
construction solid waste as well as operating and domestic
solid waste generated by the subject property. Approved
recommendations and mitigation measures shall be
implemented at a time and in a manner meeting with the
approval of the Department of Public Works;
(P) The applicant shall establish and maintain a landscaping
program around the new electric substation located near the
northeast boundary of the subject properties;
(Q) The applicant, successors or its assigns shall recite in
the deeds of all the proposed agricultural lots within the
project site, to be recorded with the Bureau of
Conveyances, that lot all prospective lot owners shall be
responsible for paying any additional real property tales
owed as a result of withdrawing the property from dedicated
agricultural use to residential use and shall inform the
Director of Finance in writing of any such changes;
(R) The applicant shall comply with the provisions set forth by
the State Department of Land and Natural Resources for the
acquisit~op.of paper homestead roads relating to the public
easement route;
-12-
(S) Comply with all applicable laws, rules, regulations and
requirements of the affected agencies;
(T) Should the Council adopt a Unified Impact Fees Ordinance
setting forth criteria for the imposition of exactions or
the assessment of impact fees, conditions included herein
shall be credited towards the requirements of the Unified
Impact Fees Ordinance;
(U) An annual progress report shall be submitted to the
Planning Director prior to the anniversary date of the
approval of this change of zone. The report shall address
in detail the status of the development and the compliance
with the conditions of approval. This condition shall
remain in effect until all of the conditions of approval
have been complied with and the Planning Director
acknowledges that further reports are not required.
(V) An initial extension of time for the performance of
conditions within the ordinance, with the ezception of
Condition B, may be granted by the Planning Director upon
the following circumstances:
(1) The non-performance is the result of conditions that
could not have been foreseen or are beyond the control
of the applicant, successors or assigns, and that are
not the result of their fault or negligence.
(2) Granting of the time eztension would not be contrary
to the General Plan or Zoning Code.
(3) Granting of the time extension would not be contrary
to the original reasons for the granting of the change
of zone.
-13-
(4) The time extension granted shall be for a period not
to ezceed the period originally granted for
performance (i.e., a condition to be performed within
? :.one year may be eztended for up to one additional
. ;pear).
(5) Should the applicant require an additional extension
of time, the Planning Director shall submit the
applicant's request to the County Council for
appropriate action.
Furthei, should any of the conditions not be met or
substantially complied with in a timely fashion, the
Director shall initiate rezoning of the area to its
original or more appropriate designation.
SECTION 3. In the event that any portion of the ordinance is
declared invalid, such invalidity shall not affect the other parts
of this ordinance.
. i.
-14-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED HY:
COUNCIL MEMBER, COUNTY HAWAII
Hilo, Hawaii
Date of Introduction: June 15, 1994
Date of 1st Reading: June 15, 1994
Date of 2nd Readinq: July 6, 1994
Effective Date: July 13, 1994
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DATED:
-15-
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AMENDMENT TO THE ZONING CODE
AML'NDiN6 ~3Et:TION ~.5-gC NORTH AND ?OUTH fCONA
DiSTRfCTS ZONe MAP) ARTiGLE~ J, C7•iAPT~R ~5 (ZONING
CODLs) 01= THE HAWAtf COUNT7' CODE, d'7' CHANGING THE
DISTRICT CLAS~S1><1CAT10N rROM ~JNP~-ANNEb (tJ) TO
A61R1CULTVI4AL (/4-ie?) AT Pt,tUANAHt1Ll! HOMESTEAbS,
MORTN KONA1, fiAWAfI_
PIQCPARt=p 67' + pLAWNINeS DEPARTMENT
COUNTY Or HAWAII
-1-M1K = 7-1-05 = 9~ 10~~~.~6~ ~C'34~ X9'41.3®~ s~ }RE>,. 4, t9°.~~F
C v1.1IBIT IIAII (sP!•AR DL- -LPP~G~n+r G.~R°•
01'rICE OF THE COUNCI' CLERK
County of H@waii _
Hilo , Hddwwaii , _ , _
(DRAFT 3) - -
ROLL CALL VOTE `
Introducedg3"• Takashi Dominoo
Date Introduced: June 15 . 1994 AYES NOES ABS EX
First Reading: June 15. 1994 ARAKAKI
Published: NA EONK-AHAAMSON
Cfiff.DB
DE LIMA
DOMDPGO
HALE X
BATH
ROSEHILL
SCFIVITE X
7
DRAFT 3
SernndReading: July 6, 1994 ROLL CALL VOTE
To Meyer: July 8.. 1994
Returned: Julv__ 13 . 1 994 AYES NOES ABS EX
Effective: Ju v 1 '2 , T 9 4 ARAKAEI
•blished: 1„ 1 F ~ 7 1 Q Q d ABRAMSON
X
~qp~ DE LIMA X
DOMINGO X
X
BATH X
ROSEHILL
X
0
I DO HEREBY CERTTFY that the foregoing BILL was adopted by the County Council and published as
ndicated above.
APPRO D s to
FORM EGAL
'CORPORATION COUNSEL COUNCIL CHAIRMAN
COUNTY OF HAWAII
ro ~
~
Da
CbU C
lpproved/Bied this ~`3 day
~f , 19~
~iA OR, CO OF HAWAII Bill No: 25 6 (Draft 3 '
Reference: C- 1
8~8
Ord. No.: JY ' p
Jw{V Oi itgw Virginia Goldstein
o~•' , Ovectnr
Steahen 6. Yanuahiro ; : ~~6~%k.
t:
Muynr i.: ~ Russell Kokubun
Depun'Ovecurr
~IIltlifkl II~ ~2I~1TtItt
PLANNING DEPARTIVIENT
25 Aupuni Strce4 Room 109 • Hilo, Hawaii 96720-0252
(BOB) 961-8288 • Fax (808) 961.8742
June 23, 1998
Mr. Sidney Fuke
Sidney Fuke & Associates
100 Pauahi Street, Suite 212
Hilo, Hawaii 96720
Dear Mr. Fuke:
Change of Zone Ordinance No. 94-78 (REZ No. 767)
Special Permit No. 863
Use Permit No. 74
Applicant: Big Island Country Club & Estates
Subject: Community BenefidImpact Fee Requirements -Agreement
T3~MaRK~Y'
7,
1-n~091Q 26- 28-34 58 and 59
Please find enclosed the executed Agreement between Big Island Country Club and Estates
and the County of Hawaii, through its Planning Department for the above-referenced
development.
Should you have any questions regarding this matter, please contact Alice Kawaha or
Susan Gagorik at 961-8288.
Sincerely,
1 NU1~ r
VIItG~1IA G STEIN
Planning Director
AK:pak
f:\avpwin6WalieewiaUbicee02.agt
Enclosure EXH~~1~
Mr. Sidney Fuke
Sidney Fuke & Associates
Page 2
June 24, 1998
cc w/attach: Hawaii County Council
Planning Commission
West Hawaii Office
JUN 2 5 1998.
AGREEiyiENT
THIS AGREEMENT, made, executed, and delivered this C'~ day of
t,4 i l C'~ , 1998, by and between BIG ISLAI~ID COUNTRY CLUB AND
ESTATES, a Hawaii Limited Partnership, whose mailins address is Post Office Box 1690,
Kailua-Kona, Hawaii 96745-1119 (hereinafter, "BICCE"), and the COUNTY OF HAWAII,
throush its Planning Department, whose business and post office address is 25 Aupuni Street,
Hilo, Hawaii 96720 (hereinafter, the "County"),
Witnesseth:
WHEREAS, BICCE is the owner of that certain real properties situated at
Puuanahulu, North Kona, Island and County of Hawaii; Hawaii, desi¢nated by State of
Hawaii Tax ivlap Key Nos: (3) 7-1-05:09, 10, 22, 28-34, 39-41, ~8 & 59 (hereinafter,
the "Property"); and
WHEREAS, Use Permit No. 74, Special Permit No. 93-74, and Ordinance No. 94-
78 (hereinafter called the "Permits") were issued for the development of a 27-hole private
golf course and related facilities, as well as a 100-lot residential-agricultural subdivision on
the Property; and
WHEREAS, these Permits required the performance of certain activities prior to the
opening of the golf course, and BICCE, as owners and developers of the subject properties
and/or its successors or assigns, are responsible to fulfill all conditions of approval of the
Permits;
WHEREAS, BICCE is desirous ofopening up the golf course immediately and
deferring some of these conditions until issuance of the certificate of occupancy for the
permanent clubhouse or no later than the December 31, 1998, whichever is sooner; and
WHEREAS, the BICCE has requested and the County, through its Planning Director,
has agreed to this extension as contained in the Planning Director's letter to BICCE's
consultant, Sidney Fuke, dated December 9, 1997, and attached hereto as Exhibit "A"; and
WHEREAS, BICCE and the County wish to memorialize this commitment by this
Agreemem;
NOW, TI-~REFORE, IT IS HEREBY AGREED, by and between BICCE and the
County hereto as follows:
i. the County consents to the interim opening of the golf course and the deferral
of pertinent conditions of the Permits subject to the terms outlined in Exhibit "A"; and
2. BICCE consents to the terms of this deferral as outlined in Exhibit "A".
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed the day and year first above written.
BIG AND C Y C UB & ESTATES COUNTY OF HAWAII
A Ha ed ers '
yv~
y: ~ By: l~
NORIKO SAIGA VIItG DSTEIN
Its President Its Planning Director
Date: ~~t~) ~ Q ~ ~CGl?, Date: [.iUN 2 S {998
STATE OFrt~3 ~ )
SS:
COUNTY OFD
On this ~ day of , l a ~'1Q . , 1998, before me personally appeared NORIKO SAJGA,
known to me the person described in and who executed the foregoing instrument, and
acknowledged t he.executed the same, by signing, and delivering the same.
_ NESH~A~IN / ,~~L ~,~~?lJ
~wurimee~rar m Notary Public
~ ~M0~~D1oD Third Judicial Circuit
ib State of Fri ~ I
My Commission Expires' ~~r ~ ~
STATE OF HAWAII )
SS:
COUNTY OF , L)
On th~'~ y w , 1998, before me personally appeared VIRGINIA
GOLDSTEIN own to me the person described in and who executed the foregoing
instrument, an acknowledged that she executed the same, by signing, and delivering the
same.
Notary Public ~ ~ _
Third Judicial Circuit
State of Haw "
My Commissio J ~ / i ~ y
biccagr
as
Virginu Goldstein
'•ephen K Yamashiro Dirtctor
RuSSell_KOkubun
:j•. ~o
- oi'M~'~ Deputy Director
C~~lznfg ~ttiuttii
PLANNING DEPART~NT
25 Aupuni Streeq Room 109 Hilo, Hawaii 96720.9252
December 9, 1997 (8081961.8288 • Faa 1808) 961-9615
~Ir. Sidney Fuke
i00 Pauahi Street, Suite 212
Hilo, Hawaii 96720
Dear t~Ir. Fuke:
Big Island Country Club & Estates -Impact Fee Requirement
Use Permit No. 74
This is to acknowledge receipt of your November 17, 1997 request regarding the subject
matter. After careful review of the subject permits and conditions, we fmd them reasonable
and consistent with regard to the amount of work completed thus far and for the completion of
the project. As such, we hereby approve the following amended conditions:
1. Amendment to Condition No. 4 of Use Permit No. 74.
This relates to the provision of $3 million over a period of years. You are requesting
the following schedule:
a. The first million dollars of obligation is proposed to be satisfied through the
provision of the community park and improvements thereon. The estimated
cost breakdown of this project is:
1) 5 acres of land (5 x $125,000/acre) $ 625,000
2) Site work 100,000
3) Community Facility 250,000
4) Roadway Improvements 200,000
5) Water and Electrical System 50,000
Total $1,225,000
b. This would be completed prior to the issuance of the cenificate of occupancy
for the permanent clubhouse (which is presently under construction) or no later
than December 31, 1998, whichever is sooner.
ERHIBIT A
Mr. Sidney Fuke
Page 2
December 9, 1997
c. The applicant would be allowed to have a partial or "soft" opening of the golf
course beginning January 1, 1998.
d. The remaining $2 million would be paid out of escrow, in conjunction with the
sale of each lot. Based on 1001ots, this would approximate $20,000 per lot. In
either case, all of the required sum would be due and payable to the County of
Hawaii before December 31, 2001, or approximately a maximum five (5) year
period.
2. Conditions 2 to 5, Special Permit No. 93-24:
These conditions relate to the completion of-the expanded clubhouse facility,
community recreation facility, and volunteer fire station prior to the opening of the golf
course. Pursuant to Condition No. 11 of Special Permit No. 93-24, you are hereby
granted a 1 yeaz extension until December 31, 1998 to implement said requirements.
3. _ Conditions L, M, & N or Ordinance No. 94-78:
These conditions relate to the impact fee requirement of the 1-acre subdivision. We
fmd that your request to have the park and fire aspects of this requirement credited
from your obligations in Special Permit No. 93-24 is acceptable.
You have also requested that the excess of the fair shaze requirement be credited to
your other obligations. In this case, it would be to your road, solid waste, and police
obligations. We hereby deemed them to be reasonable, as the amount committed to the
park and fire obligations exceed these requirements.
Further, pursuant to Condition V, the required improvements must be complied with
prior to December 31, 1998 or the opening of the permanent clubhouse, whichever
occurs sooner.
Based on the foregoing, please be informed that we fmd the proposal acceptable. If you fmd it
equally acceptable, please inform us in writing as soon as possible. We can then proceed to
prepare the necessary agreement to formalize the above understandings.
Mr. Sidney Fuke
Page 3
December 9, 1997
Should you have any questions, please feel welcome to contact our office.
'.~~v!nU ~IQ~IV
VIltG G L STEIN
Planning Dtrec
RHY:rld
a:/71005009/fuke.ltt
xc: Mayors Office
West Hawaii Office
~ SidneyFuke&Associates
100 Pauahi SVaeL Sufte 272 ~ Hilo, Hawaii 96720 Consulting Lend Usd Planrie_ rs
TelepFtme: (808) 9139-1522 ~ Fax: (808) 969-7996
I
, i ,
November 17, 1997 COQ; i i f ; ; ;
Ms. Virginia Goldstein, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Goldstein:
SUBJECT: Bie Island Cot:ntrv Club & Estates -Impact Fee Requirement
As you may be aware, the subject project, located in Puuanahulu, North Kona, was
previously referred to as Royal Vistas Country Club, and subsequently Spear Development
Corporation. It is now referred to as the Big Island Country Club & Estates.
Over the years, there have been a number of significant land use permits issued for
this project. These permits include the following:
a. Use Permit No. 74 (Mara: 1, 1990) for the golf course;
b. Special Permit No. 93-24 (February 17, 1994) for the expanded use of the
clubhouse and other community related facilities;
c. Rezoning Ordinance No. 'J4-78 (July 13, 1994) for the creation of up to one
hundred (100) 1+ acre lots; and
d. Special Permit No. 95-24 {September 12, 1996) for the construction of a 50-unit
¦ members only private lodge.
¦ All of these permits and ordilzance aze attached for your information and easy
' reference.
Objective
The subject permits and ord::rance have conditions that directly or indirectly require
the developer to fulfill certain comrr:anity-related obligations. The intent of this letter is
develop an overall program that would satisfy all of those obligations in a manner meeting
with your approval.
13334
Ms. Virginia Goldstein, Director
November 17, 1997
Page 2
Pertinent Conditions of Approval
1. Use Permit No. 74, Condition 4:
"To ensure that the goals mrd policies of the recreational element of
the General Plan are implemented as proposed, the Department of Parks rnrd
Recreation, upon consultation with the Couny Cororcil, rnrd with the
concurrence of the Plamrtng Department, miry require the provision of
public
recreational facilities and/or improvements withi?r the project area or the
affected districts as appropriate. The preliminary recreational needs
determination, if any, shall be established prior to the granting of Final Plan
Approval
for the proposed golf coarse rnrd related improvements, rnrd shall
be based upon the estimated costs of a similar public facility and/or
improvements, less a?ry credits for direct or indirect recreational be?refrts to
impacted community members, compared tc~ an overall regional assessment
of existing and proposed public recreational facilities. The applicant shall
provide its required pro rata share in a me'hod not inco?rslsterrt with the
requirements and criteria forr?rd in Chapter 8, Article / (Park Dedication
Code) of the County Code prior to the opening of the proposed golf course ar
any related
facility thereto, whichever occn~•.s fast. "
Pursuant to this condition, the two attached letters, dated July 1, 1991
from Premier Resort Development, Inc. to the Planning Director and the
Director's response, dated July ]0, 1991, re~~ected implementation of this
condition. Hence, Final Plan Approval was issued and construction
commenced on the project.
2. Special Permit No. 93-24.
This permit was not only for the expanded use of the golf clubhouse,
but for the construction of a community recreation center and volunteer fire
station on 4+ acres of land to be donated by the developer.
Condition 2: "Final Plan approval for the expanded golf chrhhouse
uses, recreatiar center, community recreation center and volunteer fire
station shall be secured
from the Planning Departmeru. Plans shall identify
all existing and proposed strrrchrres, landscaping, frre protection meas7rres,
paved parking stalls and pm~ed driveway ar?d access roadways associated
Ms. Virginia Goldstein, Director
November 17, 1997
Page 3
with the proposed uses. Parking shall comply with the requirements of
Chapter 25 (Zoning Code). Parking for all finrctions shall he maintained t .
within the project sites. Plans for the community park site a?td the community ! ,
recreation center and volunteer fire station shall indicate appropriate `
Inndscaping for the purpose of mitigating ary visual rnrd noise impacts which
may be generated by the facilities. A 10 foot wide ?to-vehicular access
planting screen easement shall be delineated along the project site's entire
Mamalahoa Highway frontage, exehrsive of access points and reflected on all
plans submitted
for Final Plan Approval review. " f~
Condition 3. "The expanded use of duhhotrse facilities and the t
opening of the recreation center, the community recreatiwt center and
volunteer fire station shall coincide with the openi?tg of the golf course. "
Condition 4. "Access(es) to the project site shall he constrrreted in a
manner meeting with the approval of the Departments of Tranrportation-
Highways Division and/or Puhlic Works, whichever is applicahle. The
proposed main project access roadway intersection with the Mamalahoa
Highway steal! be ehannelized with a left turn storage lane which shall he
completed prior to the issuance of a certificate of occupancy for the proposed
facilities. "
Condition 5. "The applicant shall provide adequate potable water
service and back-up facilities or asnrrance:: to meet the demands for fire
protection and the proposed uses prior to the issuance of n certificate of '
ocetrpancy for the proposed uses. "
3. Rezoning Ordinance No. 94-78
Condition L. "The Applicant shall nay its fair share contribution to
address potential regional impacts of the lrojeet with respect to park, fire,
police, solid waste disposal facilities, sewers and roads. The fair .share
contribution shall be initially based on the representations contained within
the change of zone application and may be increased or reduced
proportionately iJ the residential-agricultural lot cotntts are adjusted. The
fair share contribution for each residential-agricultural lot shall he based on
a maximum density for each lot as determined by the zoni?tg resulting from
this change of zone. The fair share contribalio?t in a form of cash, land,
i,,
i
Ms. Virginia Goldstein, Director
November 17, 1997
Page 4
facilities, or arty combination thereof shall have a maximum combined value
of $728,984.26. The fair share contributions described above shall be
adjusted atrmrally based on the percentage charge in the Honoltr/rr Consumer
Price Index (HCPI).
In lieu of
paying the fair share co»tribrrtiorr, the applicant nrcry
construct such facilities related to park, frre, police, solid waste disposal
facilities, sewers and roads with the approval of the appropriate agency(ies). j
Arty conbibrdions required by this ordinrntce that exceed the fair share
requirement of the subject property shall, at the applicant's regrre.st, be j
credited towards any of the applicant's future developments that require j
infrastnrclrrral impact contributions; "
Condition M. "To ensure that the Goals and Policies of the ,
Recreation Element of the General Platt are implemented, the applicant i
shall:
I
i
(I) corrvey in fee, approximately 4.4 > acres of Irnrd within the project
site, to the Pu'uattahula Community Asscicialirnt or its designee for `
development as a community park;
(2) as represented rntd committed to by the applicrntt, a community ~
recreational center and volunteer fire station shall be constructed within the
community park site; mrd ~
I
(3) the applicant shall provide mete~:d potahle water Bernice equal
to three (3) units of water, as mots are defir...d by the County Department of
Water Supply for use at the community park. Upon the Cormty'.r request, the
applicant shall also provide a minimum of o~te (I) unit of water to its
property line to accommodate a public rest stop.
All necessary approvals to allow the consmrction of the proposed
facilities within the project site shall be applied
for artd secured by the
applicant with the completion of its constnrr.+ion prior to the opening of the
golf coarse; "
Condition N. "The applicant shall install pedestrian walkways and
bike lanes within the proposed subdivision development as a means of
t
Ms. Virginia Goldstein, Director
November 17, I997 ~
i
Page 5
addressing pedestriat and bicyclist safety. Tne location of these walkways
and bike lanes, which shall be determined by fhe Planning Director in
consultation with Na Ala Hele, shall be indicated on plans sy~bmined
far
subdivision review."
I
Nature of the Request
As you can see, many of these conditions urt redundant. They apply to the same
project and were intended to make sure that obligations to minimize the project's impacts to `
the community were taken care of.
If all of these conditions were to be applied independently, the exactions would be
excessively onerous and may not meet the rational nexus am related tests for exactions.
In that regard, I would like to share a copy of an article that was published in the
September 1997 issue of Planning, a journal published by the American Planning
Association. The article, written by Ms. Michelle Zimet, a s..nior research fellow at APA and
a lawyer with a Chicago taw firm.
The pertinent points made by Ms. Zimet are:
a. The local government must have the authority granted by the State to impose
impact fees; and
b. The fees must be assessed in a constitutional ma ~ner. The principles of
constitutionally valid exactions include:
1. There must be a finding that a facility needs additional capacity because of
the project; and
2. The fees must be reasonable and cannot exceed apro-rated share of the
cost of the public facilities attributable to the impact of the project and cannot be
designed to remedy existing deficiencies.
In view of the above considerations, the applicant is proposing to a) consolidate all of
those requirements -since the project is one (although there were multiple permits issued);
and b) arrive at an exaction and implementation schedule that is fair and reasonable.
i
Ms. Virginia Goldstein, Director
November 17, 1997
Page 6 '
F
Specific Proposals !
I
In satisfying the aforementioned conditions, the applicant respectfully requests your '
consideration in having the conditions/obligations satisfied in the following manner:
!I
A. Use Permit No 94, Condition 4 1'
1. Obli ag
lion ~I
Pursuant to the July 1 and 10, ] 991 letters between Scott
Turney of Premier Resort Development ,Inc. and the Planning ~ ,
Director, the developer was obligated to provide $3 million in cash
over the course of three (3) years. One (1) million dollars was due f
prior to opening of the golf clubhouse and/or golf course. The second i ~
million was due a year after the openir~r;; and $500,000 each for the ~
two years thereafter.
2. Request
a. The first million dollars of obligation is proposed to be
satisfied through the provision of the community park and I
improvements thereon. The estimated cost breakdown of this project
is:
1) 5 acres of land (5 a $125,00/acre) $625,000
2) Site work $100,000
3) Community Facility $250,000
4) Roadway Improvements $200,000
5) Water and Electrical System $ 50,000
TOTAL $1,225,000
b. This would be completed prior to issuance of occupancy ~
permit for the permanent clubhouse (which is presently under
construction) or no later than Decemner 31, 1998, whichever is
sooner.
c. The applicant would be allowed to have a partial or "soft"
opening of the golf course beginning January 1, 1998.
Ms. Virginia Goldstein ~
November 17, 1997 j
Page 7
I
d. The remaining $2 million would be paid out of escrow, in
conjunction with the sale of each lot. Based on 100 lots, this would ~ ~
approximate $20,000 per lot. In either case, all of the required sum
would be due and payable to the County of Hawaii before December ~
31, 2001, or approximately a maximum five (5) year period. j
3. Reasons and Justifications
As you are acutely aware, the overall economic condition,
particularly in Japan where the applicant is based, has made it very
difficult for marry developers to star[, let alone, complete their projects
in a timely fashion. In this case, the roplicant has made every
reasonable effort to continue and finish the project, while keeping
many of the area residents gainfully employed. To date, it has invested ~i
over $50 million into this project. ~i
The applicant is still committa~J to fulfilling its obligation to the
community. However, it is strappeG for cash on a project that has not
provided any cash flow at all. As.sucl~, the applicant would like to do
a partial opening of the course, so that membership sales can be 4
aggressively marketed. In so doing, ;here would be some needed cash
flow to help implement the balance cf the project and help the
applicant fulfill its obligations to the community.
Hence, the applicant is proposing to defer the completion of
the community facilities for a year or ~o sooner than completion of the ~
permanent clubhouse; and at the same time, to honor its cash
contribution in a manner that a) is predicated upon the impact -which
is the sales ofthe lot; and b) make it financially more feasible for
payments to be made.
It is realized that Condition 4 required the obligation to be i
fulfilled prior to opening of the golf wurse. However, it would appear
that you have the authority to allow a deferral based on the following: ~
a. The original commitment called for staged payments, with I,
the final payment being made three years after the course has been
fully opened. It appeared that having a PROGRAM of compliance
prior to the opening of the course was essential;
i
Ms. Virginia Goldstein
November 17, 1997
Page 8 ~
b. the request is only for the partial and not full opening of the
golf course. The full opening - with it; associated impacts such as
food services and the extended use of ;ae clubhouse -cannot occur
until after the completion of the permanent clubhouse. That is
scheduled for the end of 1930; and ~
I
c. finally, Condition 18 allows a time extension to be granted
by the Planning Director, with a further condition that "shoo/d any of
the conditions not be met or substantially complied with" your office
could elect to initiate procedures to revoke the permit. In this case,
the permit will have been substantially complied with, as there would
be an approved program of implementation. It would not be as though
no program and/or effort to comply with Condition 4 has not been
made.
B. ~ecial Permit 93-24 Conditions 2 to 5
1. Obligations
These conditions relate to se:,~ring Plan Approval and !
completing the construction (including their accesses and water
system) of the expanded clubhouse facility, the community recreation
facility, and volunteer fire station ana their opening in conjunction with
the "opening of the golf course."
2. Request
The specific request in this i*,stance is to allow the temporary
or interim opening of the golf cours.-; beginning January 1, 1998, with
the condition that the community related improvements would be
completed before December 31, 1998. This obligation would be due,
with or without completion of the permanent clubhouse.
3. Reasons and Justifications
The reasons and justifications noted in A-3 above would apply
here. Further, Condition 11 does ailow the Director to grant an
administrative time extension.
Ms. Virginia Goldstein, Director
November 17, 1997
Page 9
C. Rezoning Ordinance No. 94-78, Conditions I., M & N
1. Obligations
These conditions essentially require the satisfaction of impact
fees in conjunction with issuance of final subdivision approval of the
proposed 1001ot subdivision. The value of $728,984.26 was reached,
using the impact fee study prepared for the County in the early 1990's.
That amounted to $7,289.84 per lot. As this figure would be adjusted
from time to time, using the CPI, the current value (based on a 1997
rezoning ordinance, Ord. No. 97-86) would be $7,239.16 per lot, with
its per lot distribution in the followir. ,manner: '
a. $3,490.85/lot or $349,085;'1001ots for parks facilities;
b. $ 168.40Aot or $16,840/100 lots for police facilities; j
c. $ 332.61/lot or $33,261/100 lots for fire facilities;
d. $ 145.62 /lot or $14,562/1001ots for solid waste facilities;
i
and i
e. $3,101.68/Lot or $310,16d/100 lots for road improvements.
Using the current CPI figure.:he applicant's obligation fora 1
100 lot subdivision would be $723,91 fi.00.
The conditions also allowed these requirements to be satisfied j
by their actual construction, and even mandated certain improvements,
such as the park, fire station, and waiicways within the project site.
These improvements, unless a time e;ctension is issued, require their
completion prior to the opening of t~i^ golf course. j
I
2. Requests '
a. The applicant requests that this requirement be satisfied in the
i
following manner: ~
r
1. Park: No requirement, as the estimated $1,225,000
more than adequately covers the required $350,000; j
i
Ms. Virginia Goldstein, Director '
November 17, 1997
Page 10
i
2. Police: Payment of the g 168.40 per lot prior to receipt f,
of final subdivision approval;
i
3. Fire: No payment, as the estimated cost of the I
volunteer fire station is aver $200,000. This exceeds i
the maximum requirement of $33,000.
4. Solid Waste: Payment of the $145.62 per lot prior to i
receipt of final subdivision approval; and ~
5. Road: Partial payment. as the estimated cost of the
access road to service tt•,e park and fire station site,
facilities that would sen~ice the community, approaches
$250,000. The estimated balance of $60,000 would be
paid to the County prig ~ to receipt of final subdivision
approval that exceed the $250,000 assessment value. '
(Please note that there +nay not be 100 lots, and the
project maybe deve]oFed in increments. Hence, the
assessment would be due - if at all -prior to receipt of
final subdivision appro. al when the number of lots
exceeds $250,000 obligation level).
It should be noted that Condition L also states that "Any
contributions required by this ordinance chat exceed the fair
share requirement of the subj.ret property shall, at the ~
applicrnrt's request, be credited towards airy of the applicant's
future developments that renutre irtfrastnrctrrral impact
contributions. "
In this situation, the applican; obviously exceeds the fair share
requirement, particularly on th:, park and fire exactions. The
applicant, at the same time, does not have any future
developments in mind. As a footnote, then, if you can find it f
within your purview to credit the park and fire surpluses to the ~
outstanding obligations (road, solid waste and police), it would ~
be sincerely appreciated ~
1
f
t
Ms. Virginia Goldstein, Director '
November 17, 1997
Page 11
b. The applicant further requests that a time extension, pursuant
to condition V to allow those required improvements to be satisfied
prior to December 31, 1998 or opening of the permanent clubhouse,
whichever occurs sooner.
3. Reasons and Justifications
In addition to those noted above, we v~,-ould like to make and/or
emphasize the following points:
a. The applicant seeps a partial opening of the golf course so that
it can generate some cash flow and in turn, 1) become financially more ,
solvent to satisfy and/or implement the commitments to the
community; and 2) keep the dwindling number of area residents
employed rather than shutting down;
i
b. The soft opening would not h4: e a significant community
impact, largely in terms of traffic, fire, and pazks. The volume of play
would be low, as it would be a membership course. What it does,
however, is to enable the applicant to aggressively market the
membership program and generate needed funds;
c. The applicant is not asking elimination or deletion of these
obligations. It still intends to fulfill tlc~m, albeit one year later. So, the
spirit and intent of all of those conditions would still be met;
d. We have tried to show that n-:~st of the requirements were
redundant and only intended to asses fulfillment of these obligations.
They were not intended to be redundant, for if they were, they would
be an unfair and unreasonable exaction and not proportional to the
project's impacts; and
e. All of the referenced permits and rezoning ordinance allow the
Director to grant time extensions. The specific extension request in
this instance is essentially "prior to opening of the golf course."
f
I
Ms. Virginia Goldstein, Director
November 17, 1997
Page 12
It is argued that the purview to grant extension from this
requirement is possible, as it was demonstrated in the Director's
approval of the initial exaction program in Use Permit No. 74 which
allowed for a staged implementation and not all upfront
implementation; and 2) unless otherwisc conditioned (such as
Condition V of Ordinance No. 94-78, which prohibited an extension
from the water obligation), an extension would be possible.
In view of the foregoing, the applicant respectfully requests your favorable
consideration of this request. Please feel free to call me if you have questions or need
additional information on this matter. Thank you very much. i
Sincerely,
w
SIDNEY M. F ~
Planning Consultant
enclosures
cc Mayor Yamashiro w/ enclosures
Ken Suzuki w/ enclosures
,.d` SidneyFuke, Plan ~ Consultant
100 Pauahl Street, Suite 212 • Hllo, Hawaii 96720 • Planning ~ Variance ~ Zoning
Telephone: (606) 969-1522 • Faz: (806) 969.7998 • Subdivision ~ Land Use Permfls
Environmental Reports
November 23,1998 _
Ms. Virginia Goldstein, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, HI 96720
- .
Dear Ms. Goldstein:
Subject: Proposed Amendments to Condition 3 of Special Permit No. 863
and Condition Pvl of Ordinance No. 94-78, Big Island Country
Club and Estates Puuanahulu. HI, TMK: 7-1-5: 9 et al.
The subject project, located in =uuanahulu, North Kona, was formerly referred to as
Royal Vistas Country Club. It is now referred to as the Big Island Country Club and Estates
BICCE;.
{ Over the years, there have been a number of land use permits issued for this project,
subject to a number of conditions. One of these permits (Special Permit No. 863), issued by
the Planning Commission on February 17, 1994, allowed the expanded use of the golf
III clubhouse, as well as the construction of a wrnmunity pazk and a volunteer Ere facility on
12.5 acres of land. Another entitlement (Ordinance No. 94-78), which became effective on
July 13, 1994, rezoned the subject property into the A-la district and made possible the
development of a maximum 1061ots w;thin the 425+ acre site. In conjunction with this
ordinance, there was a condition relating to the construction of the community park.
! Nature of Requests
Condition 3 of Special Permit I to. 863 stated that "The ezprnrded use of clubhouse
facilities arrd the opening of the recre:.•ional center, the community recreation center and
vo/mrteer frre station shall coincide wi.'h the opening of [he golf course. " The golf course
was opened on January 1, 1998 withoui: completion of either the clubhouse or the community
recreation center. Pursuant to Condition 11 of said permit, on December 9, 1997 the
Planning Director granted an administrative time extension to December 31, 1998.
Condition M of Ordinance No. 94-78 stated:
"(M) To ensure that the Goals and Polices of the Recreation Element of the
General Plan are implemented, the applicant shall:
f~_
~XHIB11
J
i
I Ms. Virginia Goldstein
j November 23; 1998
1 Page 2
(I) c•wrney tn• fee, approxinrcrtely d. ~1- acres of krnd wither the project site
to the Yu'rrrnrahulrr Commntrity Association or its designee for
denelupnren! as a conrnrtnrity prnk;
(2) as represented by and commided to by the applicant, a conmrunily
recreations! center and volunteer frre statiwr shall be constructed
ivithitt the conrmrnrtty park site; curd
(3) the applicant shall provide metered potable tivater service ecprn/ to
~ three (3) units of ivcrter, ns writs are defined by the County
Department of G?'ater Supply fur use at the community park. Upon
~ the Cororty's reunest, the applicaru shall also provide a minimum of
one (IJ anil of a nter to its property line to aecomnrudate n public rest
stop.
All necessary approvals to allcw the construction of the proposed
facilities wither the
project site shall be applied
fcr and secrved by the applicant with the completion of
its construction prior to the opening of the golf course; "
Pursuant to Condition V, on December 9, 1997 the Planning Director granted an
extension until December 31, 1998 to allow the satisfaction of this condition.
BICCE is requesting these con~]itions be amended as follow:
1. Condition 3 of Special Permit No. 863
"The expanded use of i:lubhouse facilities and the opening of the recreation
center, the community recreation center and volunteer fire station shall
[coincide with the oper:ing of the golf course] be co_pleted within two years
of this amendment (Bracketed items to be deleted; underscored items to be
added).
2. Condition M of Ordinance No. 94-78
"...All necessary approvals to allow the construction of the proposed facilities
within the project site shall be applied for and secured by the applicant with
the completion of its construction [prior to the opening of the golf course]
within two years of this amendment) (Bracketed items to be deleted;
underscored items to be added).
' .
Ms. Virginia Goldstein
November 23; 1998
~ Page 3
~ Reasons for Requests
As you are acutely aware, the melting Asian economy and its subsequent impacts to
the rest of the world have made basic development financing and mazket demand for projects
of this nature rather difficult. It has also made it very difficult for many developers to initiate,
let alone, complete their projects in a timely fashion.
Although this project has been caught up in this global financial and economic
malaise, the developer has made every Yeasonable effort to continue and finish the project,
while keeping many of the area residents gainfully employed. To date, it has invested over
$50 million into this project.
a
The applicant is committed to fulfilling all of the terms and conditions outlined in the
various permits. This commitment includes the development of the community park.
The applicant is hopeful that economic conditions will improve over the coming
years. This optimism is reflected in a small resurgence in the local real estate market, recent
gains in the Japan and US stock markets, and the Gke. As such, the applicant believes that
within a 2-year period, all of its commirments should be fulfilled.
Relatedly, we note that the extended period would not be contrary to the original
reasons for granting the subject petmitti. In that sense, the approvals would not be
inconsistent with the criteria for a Special Use Permit or the General Plan and Zoning Code.
In view of the foregoing, the applicant respectfully request your favorable
consideration of these proposed amendments. If approved, the applicant would be given the
needed time to secure the required fnancing and complete this project, including all of its
commitment to the community.
Pursuant to the application rec;iurements, please find enclosed the following:
1. $350 filing fee ($100 for the Special Permit and $250 for the rezoning);
2. Letter or Authorization from the applicant's project manager; and
3. List of surrounding property owners within five hundred (500) feet of the
subject properties. Notice of these requests will be filed to said owners within
ten (10) days of this filing and subsequently, prior to the public hearing on this
matter.
i
I~.
Ms. Virginia Goldstein
November 23, 1998
Page 4
~ We trust that everything is in order for your processing. If not or if there are
questions and/or correspondences relating to this matter, please feel free to contact me.
Thank you very much.
S~~cerely,
i
SLDNEY M. F
Planning Consultant
Enclosures
cc Ken Suzuki, BICCE w/o
Ms. Kuulei Keakealani, President
Puuanahulu Community Association w/o
TO WHOM M1tAY (:C)NC:rR7~1:
Please be itifurrned that vn behalf ofllil: lsland Cuuntry Club and Estates, 1 herolry
atrr)iorizc Sidney Fuke, our planning aiuaultani, to apply for the rraluited amendments to
Spedal Permit No. Sb? and Rrconing Qhdinance No. 9~_7R t~elatin~ to the )3ig Island
Cottntry C1ttb and Estates golf tour<c }~rojcct.
i
Tf}: L . 1 rojea Manager and Director
f.3i__ Island Country Ctub K Fatales
~ 1~~~
w~
SidneyFuke, Pla. ig Consultant
100 Pauahi Street, Sufle 212 • Hllo, Howell 98726 • Planning • Variance • Zoning
Teleplwne: (808) 989-1522 • Fax: (808) 988.7988 • $ulid'iv0ion • Land Ux Permih
[nvironmenkl Reports
December 29, 1998'gR DEC 2~l P~1 i 29
r L.'..:'; is I .
COUfiTY i;l ii,:`r11;11
Ms. Virginia Goldstein, Director
Planning Department
COUNTY OF HAWAII
25 Aupuni Street
Hilo, HI 96720
Dear Ms. Goldstein:
Subject: Proposed Amendment to Condition M of Ordinance No.
94-78, Big Island Country Club & Estates, Puuanahulu,
North Kona. I9I. TMK: 7-I-5: 9 et aL
As you are aware, the subject request was filed on November 23, 1998 in conjunction
with a time extension request relating to Special Permit No. 863. The request for a special
permit was accepted for processing. However, the acceptance of the subject request was
deferred pending submittal of the appropriate real property tax clearance form.
Please find enclosed the required real property tax clearance form, dated December
29, 1998. We trust that this satisfies the requirement for your acceptance and processing of
the subject request. The required list of surrounding property owners and processing fee are
already on file with your office.
Further, inasmuch as the subject request is related to the previously filed Special
Permit time amendment request, we respectfully request that the processing time limit for the
Special Permit be deferred so as to enable its concurrent processing with the subject request.
The required notices to surrounding property owners infornring them of this request
will be mailed within ten (10) days of the date of this letter.
We trust that everything is in order for your processing. If not or if there are
questions relating to this matter, please feel free to direct them to me. Thank you very much.
•ncerely,
~Ua~v
S NEY M. FUKE
Planning Consultant
Enclosures
cc Ken Suzuki w/ enclosures
,tz
r
SidneyFuke, Plann~„y Consultant ~ / C~'i
100 Pauahl Street, Sulte 212 • Hllo, Hewall 98720 ' Planning ~ Voriance ~ Zoning
f Telephone: (BOB) 989-1522 • Fex: (808) 969.7998 • Sulsdivuion ~ Land Use Permits
Environmental Reporh
December 2, 1998
n
Ms. Virginia Goldstein, Director
c-,.
Planning Department n " ~ _
COUNTY OF HAWAII "
25 Aupuni Street
Hilo, HI 96720 ~ ~
r
Dear Ms. Goldstein:
O
Subject: Proposed Amendment to Condition M oT Ordinance
No. 94-78, BiP Island Country Club and Estates
This is to follow up on my discussion with Ms. Susan Gagorik of your staff regarding
the subject matter. '
On behalf of Big Island Country Club & Estates (BICCE), I submitted the subject
request for your appropriate action on or about November 23, 1998. However, as the
applicant's real property tax clearance cannot be secured at this point in time, the application
is deemed incomplete. Further, the decision to accept or reject the application based on
completeness must be made shortly by your office.
As such, we respectfully request the withdrawal of the subject request. We will be
resubmitting the request once the tax clearance form is received, which will hopefully be
before December 23, 1998. In the meantime, we would appreciate your:
a. acceptance of the request to amend the Special Permit and defer its hearing
date to enable its concurrent processing with the soon to be re-filed rezoning
amendment; and
b. retention of the filing fee check and other related information until December r
23. If your office does not receive the appropriate tax clearance form by then,
I will arrange to have the withdrawn application picked up.
Thank you very much for your understanding and assistance on this matter.
t rd~`vw`""
NEY1M~FUKE
Planning Consultant
QK Y~ ~M
cc Mr. Ken Suzuki .Y J
i ~ '
SidneyFUke, Planning Consultant
100 Peuehl Street, SuRe 212 • Hllo, Hewell 98720 • Planning ~ Variance ~ Zoning
TBIephOne: (808) 969-1522 • Fex: (808) 989.7998 • Subdivisan ~ Land Use Permih
Environmenlol Reporh
November 23,1998
1 ~ V
Ms. Virginia Goldstein, Director ' ;
Planning Department i '
COUNTY OF HAWAII
25 Aupuni Street
Hilo, HI 96720
Deaz Ms. Goldstein:
Subject: Proposed Amendments to Condition 3 of Special Permit No. 863
and Condition M of Ordinance No. 94-78, Big Island Country
Club and Estates, Puuanahulu, HI, TMK: 7-1-5: 9 et al.
The subject project, located in Puuanahulu, North Kona, was formerly referred to as
Royal V-istas Country Club. It is now referred to as the Big Island Country Ciub and Estates
BICCEj.
Over the years, there have been a number of land use permits issued for this project,
subject to a number of conditions. One of these permits (Special Permit No. 863), issued by
the Planning Commission on Februazy 17, 1994, allowed the expanded use of the golf
clubhouse, as well as the construction of a community pazk and a volunteer fire facility on
12.5 acres of land. Another entitlement (Ordinance No. 94-78), which became effective on
July 13, 1994, rezoned the subject property into the A-la district and made possible the
development of a maximum 106 lots within the 425+ acre site. In conjunction with this
ordinance, there was a condition relating to the construction of the community pazk.
Nature of Requests
Condition 3 of Special Permit No. 863 stated that "The expanded use of clubhouse
facilities and the opening of the recreational center, the community recreation center and
volunteer frre station shall coincide with the opening of the golf course." The golf course
was opened on Januazy 1, 1998 without completion of either the clubhouse or the community
recreation center. Pursuant to Condition 11 of said permit, on December 9, 1997 the
Planning Director granted an administrative time extension to December 31, 1998.
Condition M of Ordinance No. 94-78 stated:
"(M) To ensure that the Goals and Polices of the Recreation Element of [he
General Plan are implemented, the applicant shall:
Ms. Virginia Goldstein
November 23, 1998
Page 2
(1) convey in fee, approximately 4.4+ acres of land within the project site
to the Pu'uanahulu Community Association or its designee for
development as a community park;
(2) as represented by and committed to by the applicant, a community
recreational center and volunteer fire station shall be constructed
within the community park site; and
(3) the applicant shall provide metered potable water service equal to
three (3) units of water, as units are defined by the County
Department of Water Supply for use at the community park. Upon
the County's request, the applicant shall also provide a minimum of
one (1) unit of water to its property line to accommodate a public rest
stop.
All necessary approvals to allow the conslraetion of the proposed
facilities within the
project .site shall be applied
for and secured by the applicant with the completion of
its construction prior to the opening of the golf course; "
Pursuant to Condition V, on December 9, 1997 the Planning Director granted an
extension until December 31, 1998 to allow the satisfaction of this condition.
BICCE is requesting these conditions be amended as follow:
1. Condition 3 of Special Permit No. 863
"The expanded use of clubhouse facilities and the opening of the recreation
center, the community recreation center and volunteer fire station shall
[coincide with the opening of the golf course] be completed within two years
of this amendment (Bracketed items to be deleted; underscored items to be
added).
2. Condition M of Ordinance No. 94-78
"...All necessary approvals to allow the construction of the proposed facilities
within the project site shall be applied for and secured by the applicant with
the completion of its construction [prior to the opening of the golf course]
within two years of this amendment) (Bracketed items to be deleted;
underscored items to be added).
Ms. Virginia Goldstein
November 23, 1998
Page 3
Reasons for Requests
As you are acutely aware, the melting Asian economy and its subsequent impacts to
the rest of the world have made basic development financing and mazket demand for projects
of this nature rather difficult. It has also made it very difficult for many developers to initiate,
let alone, complete their projects in a timely fashion.
Although this project has been caught up in this global financial and economic
malaise, the developer has made every reasonable effort to continue and finish the project,
while keeping many of the area residents gainfully employed. To date, it has invested over
$50 million into this project.
The applicant is committed to fulfilling all of the terms and conditions outlined in the
various permits. This commitment includes the development of the community park.
The applicant is hopeful that economic conditions will improve over the coming
years. This optimism is reflected in a small resurgence in the local real estate market, recent
gains in the Japan and US stock markets, and the like. As such, the applicant believes that
within a 2-year period, all of its commitments should be fulfilled.
Relatedly, we note that the extended period would not be contrary to the original
reasons for granting the subject permits. In that sense, the approvals would not be
inconsistent with the criteria for a Special Use Permit or the General Plan and Zoning Code.
In view of the foregoing, the applicant respectfully request your favorable
consideration of these proposed amendments. If approved, the applicant would be given the
needed time to secure the required financing and complete this project, including all of its
commitment to the community.
Pursuant to the application requirements, please find enclosed the following:
1. $350 filing fee ($100 for the Special Permit and $250 for the rezoning);
2. Letter or Authorization from the applicant's project manager; and
3. List of surrounding ptoperty owners within five hundred (500) feet of the
subject properties. Notice of these requests will be filed to said owners within
ten (10) days of this filing and subsequently, prior to the public hearing on this
matter.
Ms. Virginia Goldstein
November 23, 1998
Page 4
We trust that everything is in order for your processing. If not or if there are
questions and/or correspondences relating to this matter, please feel free to contact me.
Thank you very much.
S~ csrely,~ t~~V""
S NEY M. FUKE
Planning Consultant
Enclosures
cc Ken Suzuki, BICCE w/o
Ms. Kuulei Keakealani, President
Puuanahulu Community Association w/o
TO WHOM 1"(' MAY CC)NCfRN:
Ptca~c be itlfvrrned that vn behalf vY l3ig l+lnnd (-ountty Club and E,tatcs, 1 hrrelrv
autltorizc Sidney Fuke, our planning «ln~uitani_, to apply for tlx rezluirecl amendmrnls to
Special Pern»t No. 86± and Rezoning Chdinanm No. 9-}_7g reiatin~~ ro the 13ig Island
Country Chib and Estates wolf course }?rcyccr.
~ _
T~1-: L~ .L! rojea Manager attd Uirettor
13i_^_ Island C~,untry Club )rotates
~ a~
r
o. „
~~i of eF!'
OFFICE OF THE COUNTY CLERK
HAWAII COUNTY BUILDING
COUNTY OF HAWAII
HILO, HAWAII 9620
June 17, 1999 Refer: Bill C,7, Draft 2
C-243
To: Mayor
Re: Ordinance Bill Amending Ordinance No. 94-73, Which
Reclassitied Lands from Unplanned (U) to Agricultural (A-la) at
Puuanahulu Homesteads, North Kona, Hawaii, Covered by Tax
Map Kcy 7-I-05:9, l0, 22, 26, 23-34, 39, 40, 41, 53 & 59
(Approximately 425.69 Acres)
Applicant: Big island Country Cluh and Estutcs
The following is the action oFthc Hawaii County Council adopted at its
meeting held Mav 2~, 1999:
Bill 67, Draft 2, passed First Reudin~~
Approve and adopt PC Report 27
COON CLERK
Att.
xc: Planning Director
Planning Commission Comm. No. y~B
File No. Z1y~1,~~r~
M.B. No._
Date: MAY ~ 5 lyyy
REPORT OF THE
COMMITTEE ON PLANNING
DATE: May 4, 1999 Re: C-248/Bill No. 67
PLACE: Councilroom
TIME: 1:41 p.m.
" Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 67, transmitted by Mayor
Stephen K. Yamashiro per Communication No. 248, dated Apri19, 1999, regarding the change of
zone amendment to Ordinance No. 94-78 request by Big Island Country Club and Estates, at
Pu`uanahulu Homesteads, North Kona, Hawaii, TMK: 7-1-05:9, 10, 22, 26, 28-34, 39, 40, 41,
58, and 59, reports as follows:
Bill No. 67 amends Condition M (complete construction of proposed facilities) of Ordinance
No. 94-78, which reclassified approximately 425.69 acres of land from an Unplanned (U) to an
Agricultural (A-la) zoned district.
The subject property, owned in fee by the applicant, is located on the northwest side of
Mamalahoa Highway opposite the Puu Lani Ranch Subdivision.
Ordinance No. 94-78 was adopted on July 6, 1994; however, the effective date of rezoning for
the subject parcels was July 3, 1996, with the compliance of Condition B regazding the
establishment of a water source. On July 3, 1996, a Revised Tentative Approval was issued for
the revised Subdivision application No. 90-189 fora 121 lot subdivision. The pending
subdivision does not exceed the 106 agricultural lots as limited by Condition C of Ordinance
No. 94-78. The additional 151ots are for the golf course and its related improvements,
archaeological, utility, road and other related infrastructural lots. Based on the effective date of
the rezoning, and in accordance with Condition C of Ordinance No. 94-78, Final Subdivision
Approval shall be secured by July 3, 2001.
On August 1, 1996, Variance No. 96-29 (Variance No. 753), which allowed the use of PVC High
Pressure Water Pipes in lieu of the required Ductile Iron Pipes as required by Chapter 23,
Article 6, Division 2, Section 23-84(1) of the Subdivision Code, was approved by the Planning
Director. On December 9, 1997, the Planning Director granted an administrative extension of
time until December 31, 1998, pursuant to the Community Benefit/Impact Fee Requirements
Agreement, to complete fiill construction of the proposed facilities as required by Special Permit
No. 863, Use Permit No. 74 and Condition M of Ordinance No. 94-78. A condition of this
agreement permitted the partial opening of the golf course on January 1, 1998. On November
23, 1998, the applicant submitted a revised park plan and requested to amend Condition 4 of Use
Permit No. 74, which would increase the park azea from 4.4 acres to approximately 10 acres for a
passive and active recreational area.
PC-27
PC-27 page 2 May 4, 1999
The General Plan LUPAG Map designates the azea for "Intensive Agricultural" and "Extensive
Agricultural" uses. Land designated Intensive Agricultural have relatively fertile soils and aze
basically used for sugaz, orchard, diversified agriculture and floriculture. Extensive Agriculture
basically refers to pasturage and range lands. The State Land Use Classification is
"Agricultural". The County Zoning is Agriculture 1-acre. The subject property is not situated
within the Special Management Area boundary.
Access to the property is off Mamalahoa Highway, atwo-lane highway having a pavement width
of 24-feet within a 50-foot right-of--way.
Water is available to the property. Individual wastewater disposal system will meet with the
requirements of the Department of Health. Solid waste generated by the project will be disposed
of at the County landfill at Pu`uanahulu. All other essential utilities and services aze or will be
made available to the property.
According to the Real Property Tax Office in their February 8, 1999 memo, there may be
possible rollback taxes "If pazcels aze subdivided into lots 5 acres or less"-"for those years that
agr. use was given up to a ten year period." The current real property taxes are paid through
December 31, 1998.
Committee Member Nancy Pisicchio stated she opposes this project because the lands designated .
as agriculture aze being misused and this is having a detrimental impact. "...The applicant's
name can sum it up very appropriately, the `Big Island Country Club and Estates.' This is a
rezoning to the agriculture 1-a and it's not agriculture, it's a gentleman estate golf course
project...and has very negative connotations." She's opposed to the "implications For agriculture
land in the area of speculating the value up through the ceiling." Council Member Julie Jacobson
also agreed.
Committee Member Curtis Tyler questioned the proposed language inserted into
Condition M (1) which states that "The applicant shall be responsible for payment of the pazk's
real property taxes and liability insurance for atwo-year period after its conveyance to the
Pu`uanahulu Community Association" because he felt that the Association should be financially
stable by then and should be able to pay their own taxes, etc. The applicant's agent,
Sidney Fuke, explained that Pu`uanahulu Community Association is a newly formed, non-profit
association, so the applicant is paying for the real property taxes and liability insurance until the
Association can stand on its own feet, hopefully, within the two years.
Mr. Tyler also questioned the "Agreement", which was included with the background
information, between the Planning Director and Big Island Country Club and Estates. He was
curious as to how the Planning Director "has unilateral power to defer a condition or change a
PC-27
PC_27 Page 3 May 4, 1999
condition of an ordinance." In response, Alice Kawaha of the Planning Department, explained
that the standazd language inserted as Condition V, permits the Planning Director to grant
extensions for performance of the conditions. Mr. Tyler then stated that `what happened here
was the Councils authority was overridden."
When Mr. Tyler asked about the status of the pedestrian walkways and bike lanes in
Condition N, Mr. Fuke replied the condition stipulated that the director consult Na Ala Hele and
the plans will be reflected in the final plat map which has not been submitted yet.
For informational purposes only, on the final vote, Committee Member Tyler voted "Kanalua"
twice.
Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration to the amendment of Ordinance No. 94-78.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 67, and
recommends it pass first reading.
AYES NOES A & E Ex Respectfully submitted,
LEITHEAD-TODD X
TYLER x COMMITTEE ON P
CHUNG X ~ ~d ~
ELARIONOFF X r UU
JACOBSON X Y JEAN LEITHEAD-TODD, CHAIR
PISICCHIO x
SMITH x PC REPORT NO. 27
YAGONG x
ARAKAKI E.O.M. X ADOPTED: MAY 2 5 1999